ARKANSAS PRE-LIEN NOTICE / NOTICE TO OWNER

(Ark. Code Ann. §§ 18-44-114, 18-44-115 & 18-44-117)

[// GUIDANCE: This template consolidates the three principal Arkansas pre-lien notices into one adaptive instrument. Select the bracketed options that fit your facts (e.g., 10-Day Notice of Intent, 75-Day Subcontractor/Supplier Notice, or Prime Residential Contractor Notice). Delete inapplicable sections before service.]

I. DOCUMENT HEADER

A. Parties
1. “Claimant”: [LEGAL NAME OF CONTRACTOR / SUBCONTRACTOR / SUPPLIER], an [ENTITY TYPE & STATE OF ORGANIZATION], having its principal place of business at [ADDRESS].
2. “Owner”: [LEGAL NAME(S) OF RECORD OWNER(S)], of [ADDRESS].
3. “Prime Contractor” (if Claimant ≠ Prime Contractor): [NAME].

B. Project Information
1. “Project”: [PROJECT NAME OR DESCRIPTION].
2. “Property”: [LEGAL DESCRIPTION / STREET ADDRESS / PARCEL NO.] situated in [COUNTY], Arkansas.
3. “Prime Contract Date”: [DATE].
4. “Last Furnishing Date”: [DATE materials/labor last supplied].

C. Notice Type (check one)
☐ 10-Day Notice of Intent to File Lien (Ark. Code Ann. § 18-44-114)
☐ 75-Day Subcontractor/Supplier Residential Notice (Ark. Code Ann. § 18-44-117)
☐ Prime Contractor Residential “Important Notice to Owner” (Ark. Code Ann. § 18-44-115)

Effective Date of Notice: [DATE]

Governing Law: Arkansas construction-lien statutes (“State Lien Law”).
Forum Selection: State courts of [COUNTY], Arkansas.

II. DEFINITIONS

“Amount Claimed” – The unpaid contract balance of $[AMOUNT] representing labor, services, materials, equipment, or rentals furnished by Claimant for the Project.
“Notice Deadline” – (a) Ten (10) calendar days before filing a lien (§ 18-44-114), or (b) Seventy-five (75) calendar days after Last Furnishing (§ 18-44-117), or (c) Before commencement of work on a residential project (§ 18-44-115), as applicable.
“Service Methods” – Personal delivery; or certified mail, return receipt requested; or any method agreed in writing by Owner and Claimant that provides actual notice, each as authorized by State Lien Law.

III. OPERATIVE PROVISIONS

1. Statutory Notice.
   a. Claimant hereby gives Owner the statutory notice required under Ark. Code Ann. § 18-44-[114/115/117].
   b. Owner is advised that persons or companies supplying labor or materials to the Property may have lien rights on the Property.

2. Statement of Claim.
   a. Amount Claimed: $[AMOUNT].
   b. Nature of Work/Materials: [DETAILED DESCRIPTION].
   c. Contracting Party: [WITH WHOM CLAIMANT CONTRACTED].

3. Property Identification. Claimant furnished labor and/or materials that were incorporated into or utilized in improvements situated on the Property described above.

4. Deadline to Satisfy Claim. Owner must arrange for payment or otherwise resolve the Amount Claimed within [TEN (10)] days of receipt of this Notice to avoid lien filing.

5. Intent to File Lien (if 10-Day Notice selected). If the Amount Claimed is not paid in full within the deadline, Claimant will, without further notice, file a verified lien statement against the Property pursuant to Ark. Code Ann. § 18-44-117 and seek all remedies allowed by law.

6. Reservation of Rights. Claimant reserves all statutory, contractual, and equitable rights and remedies, including foreclosure, injunctive relief to enforce the lien, and recovery of reasonable attorney fees and costs as allowed by law.

IV. REPRESENTATIONS & WARRANTIES

1. Claimant represents that the Amount Claimed is justly due and owing and reflects only unpaid labor, services, equipment, or materials actually furnished to the Project.
2. Claimant warrants that it has not been paid for the Amount Claimed and that all prior payments, credits, and offsets have been applied.
3. Survival. The representations in this Section IV survive payment of the Amount Claimed and any subsequent lien release.

V. COVENANTS & RESTRICTIONS

1. Owner’s Covenant to Mitigate. Owner shall promptly investigate the Amount Claimed and, if valid, arrange payment or require Prime Contractor to do so.
2. Claimant’s Covenant to Release. Upon receipt of good, collected funds in full satisfaction of the Amount Claimed, Claimant shall file all statutorily required releases or satisfactions.

VI. DEFAULT & REMEDIES

1. Event of Default. Failure of Owner (or Prime Contractor) to satisfy the Amount Claimed within the deadline constitutes a default.
2. Remedies. Upon default, Claimant may:
   a. Perfect and record a mechanics’ and materialmen’s lien against the Property;
   b. Commence foreclosure proceedings and seek sale of the Property;
   c. Seek prejudgment or post-judgment interest, costs, and attorney fees;
   d. Pursue any other remedy available under Arkansas law.

VII. RISK ALLOCATION

1. Limitation of Liability. Claimant’s liability, if any, to Owner is limited to the lesser of:
   a. The Amount Claimed, or
   b. The value of work actually performed and materials actually furnished by Claimant.

[// GUIDANCE: Indemnification is intentionally omitted consistent with metadata.]

VIII. DISPUTE RESOLUTION

1. Governing Law. This Notice and any resulting dispute are governed by the State Lien Law of Arkansas.
2. Forum Selection. Exclusive jurisdiction and venue lie in the state courts of [COUNTY], Arkansas.
3. Injunctive Relief. Claimant may seek provisional or permanent injunctive relief to enforce its lien rights.

IX. GENERAL PROVISIONS

1. Amendments. This Notice may be amended only by written instrument signed by Claimant.
2. Assignment. Claimant may assign its lien rights to a secured lender or bonding company without Owner’s consent.
3. Severability. If any provision of this Notice is held invalid, the remaining provisions shall remain enforceable.
4. Entire Notice. This instrument constitutes the entire statutory notice required to preserve Claimant’s lien rights.
5. Counterparts & Electronic Signatures. This Notice may be executed in counterparts and by electronic signature with the same force and effect as an original.

X. EXECUTION BLOCK

Executed on [DATE].

CLAIMANT:

By: [AUTHORIZED SIGNER]
Title: [TITLE]

State of __ )
County of __ )

Subscribed and sworn before me on the date above by [NAME], as [TITLE] of [CLAIMANT].

Notary Public
My Commission Expires: _______

[Seal]

XI. PROOF OF SERVICE

I, [NAME], certify that on [DATE] I served a true and correct copy of this Notice upon [OWNER NAME] by:
☐ Personal delivery;
☐ Certified mail, return receipt requested, article number __;
☐ Other (describe): ________.

(Signature of Server)

STATUTORY TEXT FOR RESIDENTIAL “IMPORTANT NOTICE TO OWNER”

[Include ONLY if Prime Contractor Residential Notice is selected. Do not alter the statutory language.]

IMPORTANT NOTICE TO OWNER

It is your responsibility to ensure that all persons supplying labor or materials to your residential project are paid. Failure to do so can result in a lien against your property under Arkansas law. You may require a written lien waiver from any supplier, laborer, or subcontractor as a condition to payment.

(Ark. Code Ann. § 18-44-115)

[// GUIDANCE: The statute prohibits modification of this text. Leave it verbatim.]

CHECKLIST BEFORE SERVICE

☐ Confirm correct notice type and statutory deadline.
☐ Insert complete legal property description.
☐ Verify Amount Claimed and last furnishing date.
☐ Sign before an Arkansas-commissioned notary.
☐ Serve by an authorized Service Method and retain proof.

[// GUIDANCE: This template provides a court-ready starting point. Always confirm the latest statutory amendments and county-specific recording requirements before use.]